AAYUB vs STATE GOVT. OF NCT OF DELHI

Judgment text excerpt

$~81 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 14th January, 2025 + CRL.REV.P. 15/2025 & CRL.M.A. 731/2025, CRL.M.A. 732/2025 AAYUB .....Petitioner Through: Mr. Sulaiman Mohd. Khan, Ms. Taiba Khan, Mr. Bhanu Malhotra, Mr. Usman Ghani Khan, Mr. Gopeshwar Singh Chandel and Mr. Abdul Bari Khan, Advocates. versus STATE GOVT. OF NCT OF DELHI .....Respondent Through: Mr. Raghuinder Verma, APP for the State with SI Satender Kr. Arya, P.S. Geeta Colony. CORAM: JUSTICE AMIT SHARMA JUDGMENT AMIT SHARMA, J. (ORAL) 1. The present petition under Section 438 read with Section 442 of the Bharatiya Nagarika Suraksha Sanhita, 2023 has been filed seeking the following prayers: - “a) Call for the records of the present case from the Ld. Trial Court. b) Allow the revision of the revisionist and set aside impugned Order on Charge and Framing of Charge Dated 08.11.2024 passed by the passed by the Court of Ms. Shail Jain, Ld. Principal Distt. & Session Judge (East), KKD Courts, Delhi under section 307/34 IPC & 27 Arms Act in SC No. 396/22 thereby discharged the revisionist; b) Pass such other and/or further order(s) which this Hon’ble Court may deem fit and proper in the facts and circumstances mentioned above, in the interest of justice.” Signature Not Verified Digitally Signed By:SHIWANI NEGI CRL.REV.P. 15/2025 Page 1 of 15 Signing Date:17.01.2025 19:04:36 2. Briefly stating facts of the present case are that, on 10.06.2015 at around 02:10 AM, vide a DD No. 4A of the even date, an information was received at PS Geeta Colony from LNJP Hospital whereby it was informed that one person named Shahzad s/o Shakir, aged 23 years, had been admitted in the hospital as he had arrived there from his home in an injured condition and that an Investigation Officer is required in the hosp